Indigenous advocate Frank Brennan warns of overreach on recognition

Frank Brennan has warned that a push to recognise First Australians in the Constitution in 2017 could be jeopardised.

Indigenous advocate Frank Brennan has warned that a push to recognise First Australians in the Constitution in 2017 could be jeopardised unless more ambitious proposals tied to the referendum are dropped.

Professor Brennan, a Jesuit priest and law professor at the Australian National University’s National Centre for Indigenous Studies, says constitutional recognition should comprise a ­simple acknowledgment of ­indigenous Australians and the removal of racist clauses.

He said two additional changes being advocated as part of the campaign — a racial non-discrimination clause and a new constituted advisory body on indigenous affairs — were overly ambitious.

Professor Brennan’s entry into the debate comes as a bipartisan committee prepares to deliver its final report on the next steps towards a successful referendum and as Tony Abbott yesterday insisted he would not rush to a vote. “I am determined to get this done, but it is more important to get it right than to rush it,” the Prime Minister said after a new poll showed 75 per cent of Australians supported change.

Mr Abbott has previously flagged a referendum for May 2017 to mark the 50th annivers­ary of the 1967 referendum on Aboriginal rights. Amid calls for a meeting on the best way forward for the referendum, Bill Shorten said he had “offered the hand of friendship” to Mr ­Abbott, and was waiting for a meeting with indigenous leaders to be confirmed.

“I believe we should be doing that as a matter of priority,” the Opposition Leader said.

Speaking on the launch of his new book on constitutional recognition, Professor Brennan said the 2017 target was achievable, provided the “preponderance of the indigenous leadership” ­decided that removing race clauses and providing acknowledgment was sufficient reform.

“If more than that was sought then I think 2017 would be unachievable and, in fact, would be unwise,” he said.

The expert panel on recognition has further recommended the inclusion of a racial non-discrimination clause — section 116a — which Professor Brennan said could prove to be a “clause-buster of nuclear proportions”.

Professor Brennan said inclusion of a non-discrimination clause could occur only if the ­Native Title Act was amended.

Cape York leader Noel Pearson has deviated from recommendations of the expert panel, proposing to drop the racial non-discrimination clause, but use the referendum to establish a new body to advise on government policy.

Professor Brennan said a new council was necessary, but should not form part of the Constitution at this stage.